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Reform Of Class Action Litigation Procedures

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Reform Of Class Action Litigation Procedures

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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery
language : en
Publisher:
Release Date : 1979

Reform Of Class Action Litigation Procedures written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Improvements in Judicial Machinery and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Class actions (Civil procedure) categories.

Reform Of Civil Procedure

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Author : A. A. S. Zuckerman
language : en
Publisher:
Release Date : 1995

Reform Of Civil Procedure written by A. A. S. Zuckerman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.

5. Making Tracks: Nick Armstrong

The Class Action In Common Law Legal Systems

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Author : Rachael Mulheron
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-11-15

The Class Action In Common Law Legal Systems written by Rachael Mulheron and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-15 with Law categories.

Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.

Report On Class Actions

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Author : Ontario Law Reform Commission
language : en
Publisher: Ontario : Ministry of the Attorney General
Release Date : 1982

Report On Class Actions written by Ontario Law Reform Commission and has been published by Ontario : Ministry of the Attorney General this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.

The Cambridge Handbook Of Class Actions

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Author : Brian T. Fitzpatrick
language : en
Publisher: Cambridge Law Handbooks
Release Date : 2021-02-18

The Cambridge Handbook Of Class Actions written by Brian T. Fitzpatrick and has been published by Cambridge Law Handbooks this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-18 with Law categories.

International authors describe class action procedure in this concise, comparative, and empirical perspective on aggregate litigation.

The Reform Of Class And Representative Actions In European Legal Systems

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Author : Christopher Hodges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-10-07

The Reform Of Class And Representative Actions In European Legal Systems written by Christopher Hodges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-07 with Law categories.

This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe. It identifies three principal areas in which procedures and debates have emerged: within consumer protection and competition law, and from some national court systems. It identifies differing national models of public and private enforcement in consumer protection law in the Member States, and the search for more efficient and inclusive procedures that would deliver increased access to justice and enhanced compliance with desired standards (arguably through deterrence). A sequence of case studies illustrates the pros and cons of differing models. Lessons are also drawn from the experience of class actions in the USA over the transactional costs of private law mechanisms, and adverse economic consequences. The various policy strands are unravelled and prioritised, and options for the future are recommended. The American 'private enforcement' model is contrasted with the more prevalent European public and mediated enforcement tradition. New developments involving Ombudsmen and oversight of compensation by public enforcement bodies are identified, and underlying theories of restorative justice and responsive regulation discussed. Public, private, formal, informal, ADR and voluntary methodologies are evaluated against criteria, and it is concluded that the optimal options for collective redress in Europe involve a combination of approaches, with priority given to public and voluntary solutions over private court-based mechanisms. "Reform of collective redress is the hottest topic in European civil justice today. Dr. Hodges, one of the world's leading experts in the field, provides a deeply informed evaluation of the current debates. Illustrative case studies drawn from both consumer protection and competition areas enrich and ground his provocative analysis of the complex issues at stake making this a "must-have" book for every practitioner, academic and policy-maker in the field". Professor Jane Stapleton, Australian National University, and University of Texas, Austin. This title is included in Bloomsbury Professional's International Arbitration online service.

Class Actions In Europe

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Author : Alan Uzelac
language : en
Publisher: Springer Nature
Release Date : 2021-06-23

Class Actions In Europe written by Alan Uzelac and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-23 with Law categories.

Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.

Reform Of Class Action Litigation Procedures

Class Proceedings

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Author : Manitoba. Law Reform Commission
language : en
Publisher: Manitoba Law Reform Commission
Release Date : 1999

Class Proceedings written by Manitoba. Law Reform Commission and has been published by Manitoba Law Reform Commission this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.

This report considers two central issues: whether Manitoba should adopt a class proceedings regime, and if so, what the defining features of that regime should be. After an introduction on the importance of class proceedings in improving access to justice, chapter 2 outlines the current Manitoba law on multi-party proceedings, provides a brief overview of class proceedings legislation in other jurisdictions, and describes the types of situations in which class proceedings have been used in those jurisdictions. Chapter 3 discusses reasons advanced for and against class proceedings, including access to justice, efficient use of judicial resources, windfalls for lawyers, and the effects on Manitobans of class proceedings in other jurisdictions. Chapter 4 proposes and discusses the features of a class proceedings regime, including general objectives, certification, class membership, costs and fees, and conduct of proceedings. The final chapter summarizes recommendations for reform and a proposed Class Proceedings Act is appended.

Class Actions

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Author : Alberta Law Reform Institute
language : en
Publisher:
Release Date : 2000-01-01

Class Actions written by Alberta Law Reform Institute and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-01 with Citizen suits (Civil procedure) categories.

Reform Of Class Action Litigation Procedures

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